In Texas, almost every real estate transaction requires a property survey showing boundary lines and the location of easements, fences, dwellings, structures, pools, etc. These are important as they can show where you might be allowed to build on to your home, patio, fence, back yard, etc. Also, they show if any of your current real property infringes on neighboring land (i.e. if your fence actually sits on your neighbor's lot). Most Buyers are happy to re-use the survey provided by the Sellers as it generally saves them somewhere around $375. The Sellers sign an affidavit stating that there have been no changes to the property since the survey was done except... (they fill in any changes and if not too great, the survey is often accepted by lender and title co.). However, there are some important issues that Buyers should be aware of when accepting a Seller's survey and affidavit. First, surveys are often copyrighted. This means that they may not be copied legally without the Surveyors permission. The Surveyors won't generally give permission, because they make their money by going out and doing new surveys and don't want to be liable if there are changes to the property not reflected on the old survey. There may be changes to the property that the Seller forgot about or "forgot" to mention. A Buyer has no recourse against the Surveyor who did a survey for the Sellers (they're using a Survey that they didn't pay for, after all). I generally recommend that my Buyers get a new survey if at all possible. When you're making what is often the biggest financial purchase in your life, you don't need to skimp on $375. This way, if a new neighbor says that your fence, pool, fountain, etc. is on their property, you can pull up your new survey and/or call your surveyor to quash the issue. For more information on the Texas Board of Professional Land Surveying, go here: http://www.txls.state.tx.us.

Ryan Cave, The "Caveman"
Truth, Honor & Personal Integrity
214-789-9366
www.CaveRealty.com